Bloomberg’s NYC soda ban ruled “unconstitutional” by court

An appeals court ruled Tuesday that the city’s Board of Health exceeded its legal authority and acted unconstitutionally when it tried to put a size limit on soft drinks served in city restaurants.

In a unanimous opinion, the four-judge panel of the state Supreme Court Appellate Division said that the health board was acting too much like a legislature when it created the limit, which would have stopped sales of non-diet soda and other sugar-laden beverages in containers bigger than 16 ounces.

The judges wrote that while the board had the power to ban “inherently harmful” foodstuffs from being served to the public, sweetened beverages didn’t fall into that category. They also said the board appeared to have crafted much of the new rules based on political or economic considerations, rather than health concerns.

Bingo. In fact, they were instrumental in carrying out the wishes of one man – Mayor Michael Bloomberg. His is a personal agenda that has little to do with health and much to do with what he perceives as his duty to stop people from using substances that he deems harmful.

Thankfully the court said he doesn’t get to do that – at least not without substantial evidence to support his use of a ban. If ever there was an example of “arbitrary and capricious”, Bloomberg’s ban defines it.

But as a rule, petty tyrants don’t like getting their hands slapped. So, instead of seeing the handwriting on the wall, this one will spend more of NY taxpayers money pursuing a loss in a higher court:

The city’s law department promised a quick appeal.

“Today’s decision is a temporary setback, and we plan to appeal this decision as we continue the fight against the obesity epidemic,” Mayor Michael Bloomberg said in a statement.

And if you ever wanted to understand why these busy-body do-gooders exist, here’s a fine statement to illustrate the point and the problem:

“We have a responsibility, as human beings, to do something, to save each other. … So while other people will wring their hands over the problem of sugary drinks, in New York City, we’re doing something about it,” Bloomberg said at a news conference after the measure was struck down in March.

Uh no, you don’t “have a responsibility” to “do something”. It’s none of your freaking business, sir. What you are doing is interfering in the life of people who haven’t asked you to do so and are therefore violating their right to do as they wish as long and they don’t violate the rights of others. That’s something petty tyrants can’t seem to get through there heads.

Freedom means the right to be fat, unhealthy and to fail. You may not like those things personally, but that indeed is the cost of freedom. If you’d prefer to be free to make your own choices rather than have some nanny make them for you, then you believe in freedom. Mayor Bloomberg does not.

A free people do not need government consent to put something in their body. If I want to shoot heroin that is my business. If I want to drink a trash can full of soda. Again. MY business. Claim your freedom and do what you want regardless of what some dipshit working for the man says.